News – Page 278
-
News
Civil procedure
Conflict of laws – Allocation of jurisdiction – Court fees SK Slavia Praha-Fotbal AS v (1) Debt Collection London Ltd (2) ENIC Group: CA (Civ Div) (Lords Justices Mummery, Lloyd, Stanley Burnton): 4 November 2010 ...
-
News
Local government
Environment – Human rights – Public procurement Veolia ES Nottinghamshire Ltd (appellant) v Nottinghamshire County Council (respondent) and (1) Shlomo Dowen (2) Audit Commission for Local Authorities and the National Health Service For England (interested parties): CA (Civ Div) ...
-
News
The implications of a court ruling on vague IT contract terms
In my last column I described the syndrome of IT contract blindness – the ailment that causes parties to an IT contract not to notice that the words in the agreement bear little resemblance to what they are actually planning on doing. Since writing, it has fallen to the Court ...
-
News
Bankruptcy proceedings and debt collection
In Everitt v Budhram [2010] Ch 1070, Mrs Budhram had been made bankrupt in 2006 for non-payment of £13,130 council tax. She paid the outstanding tax and the petitioning creditor’s costs, but steadfastly failed to engage with the trustee in bankruptcy, and ultimately in 2009, the trustee sought an order ...
-
News
Drive to raise awareness of pro bono costs
Why did the master of the rolls, the solicitor general, a former attorney general and leaders of the legal profession join forces last week? Their aim was to launch a campaign to raise awareness of pro bono costs. Although introduced two years ago by section ...
-
News
Family law
Ancillary relief – Financial provision orders – Fresh evidence Erik Maurice William Robson v Chloe Annabel Robson: CA (Civ Div) (Lords Justices Ward, Hughes, Patten): 27 October 2010 The appellant ...
-
News
Employment
Automatically unfair dismissal – Disciplinary procedures – Redundancy Douglas Cartwright v King’s College London: CA (Civ Div) (Lords Justices Sedley, Rimer, Patten): 27 October 2010 The appellant former employee (C) ...
-
News
Human rights
Criminal procedure – Admissibility – Police interviews Cadder v HM Advocate: SC (Lords Hope (deputy president), Rodger, Walker, Brown, Mance, Kerr, Sir John Dyson): 26 October 2010
-
News
Pre-nups – now worth the paper they're written on
The long-awaited decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 is a significant step in the recognition of pre- and post-nuptial agreements. The starting point is that parties should be held to properly drawn up agreements unless certain circumstances arise.
-
News
Family law
Ancillary relief – Discretion – Fairness – Foreign nationals Radmacher v Granatino Sub Nom NG V KR (pre-nuptial contract): SC (Lords Phillips (president), Hope (deputy president), Rodger, Walker, Brown, Mance, Collins, Kerr, Lady Hale): 20 October 2010 ...
-
News
Negligence
Health and safety at work – Local government – Breach of statutory duty – Risk assessments Steven Threlfall v Hull City Council: CA (Civ Div) (Lords Justices Ward, Jackson, Lady Justice Smith): 20 October 2010 ...
-
News
Costs liability on discontinuing a claim
It is not uncommon for a claimant to decide to discontinue his claim after he has issued proceedings. If this is done then clearly the costs consequences set out in Civil Procedure Rule 38.6 (1) will apply. CPR 38.6(1) provides: ‘Unless the court orders otherwise, ...
-
News
With economy on the mend, are we out of the woods?
A year has passed since the end of the recession; with an expected lag between a recessionary and subsequent insolvency peak of 12-18 months, many predicted that 2010 would see a large rise in corporate insolvencies. Instead, comparing Q2 2009 and 2010, we have seen a 19% fall in liquidations ...
-
News
Solicitors are still having difficulty with service of proceedings
The Civil Procedure Rules (CPR) are generally seen as being a success. True, they have not brought down the cost of litigation, but they have given a degree of certainty as to procedure. The fact that solicitors are still falling foul of the CPR when it comes to service by ...
-
News
Civil procedure
Committal for contempt – Suspended committal orders – Judgment debtor’s failure to attend court Broomleigh Housing Association Ltd v Emeka Okonkwo: CA (Civ Div): 13 October 2010 The appellant (O) ...
-
News
Local authority publicity and housing possessions
That the government shop is under new management is clear. It has a radical new look and feel – and an impatient determination to slim the entire operation and to reshape fundamentally the focus of policy. These impressions were reinforced on 29 September when Communities and Local Government issued its ...
-
News
Public procurement
Legal advice and funding - Accreditation - Consultation documents - Legal profession R (on the application of the Law Society) v Legal Services Commission: QBD (Admin) (Lord Justice Moses, Mr Justice Beatson): 30 September 2010 ...